A retired employee of ConAgra Brands, Inc. has filed suit against the company’s pension plan and the plan administrator claiming an unlawful amount of funds was subtracted from her pension benefits.
The plaintiff says she worked for the company and its predecessors – Amfac Foods, Inc. and Lamb-Weston, Inc. – between 1974 and 2016 for a total of 42 years. Under the terms of ConAgra’s pension plan, up to 35 years of retirement income can be applied to benefit calculations, the suit explains. Additionally, the complaint states, retirement income under the previous Amfac Plan is subtracted from pension calculations under the ConAgra Plan.
The plaintiff argues that the defendants unlawfully subtracted her entire retirement income for her years at Amfac from her benefit calculations while only crediting her for 35 years of service. In other words, the case poses, the plan allows for a “maximum amount of benefit service” of 35 years when calculating employees’ monthly pension benefits but places no maximum amount when deducting from those payments the retirement income earned under the previous Amfac plan.
As stated in an appeal the plaintiff made to her former employer:
“Since service more than 35 years earlier doesn’t count in determining my benefits, retirement pay I earned more than 35 years ago should not reduce my benefits under this plan.”
The plaintiff says she submitted a claim to the defendants regarding their allegedly unlawful reductions of her pension benefits, but her claim and subsequent appeal were both reportedly denied, prompting her to file this lawsuit.